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On Friday, July 31st, the Company sent out a communication regarding the award in our “One and Done” reassignment arbitration (7.Q.1.). The communication does not reflect the Union’s understanding of the award. The communication also provided a misleading interpretation of JCBA Section 7.Q.3. The Union’s Legal Department is reviewing potential enforcement of the award. In the meantime we need to set the record straight on the application of 7.Q.3. (now 7.Q.2. In our current CBA)
The Company’s communication omits one very important detail regarding 7.Q.3; it is up to the Flight Attendant to decide if they want to call back between 1800-2200. If you wish to forgo potential reassignment and pay protection then you do not need to call. To clear up confusion and provide information to those who are unfamiliar with the language of 7.Q.3 please read the below breakdown and explanation of the language regarding “Loss of Flight Time” when the notice occurs more than one calendar day before departure.
- “At the time of notification, if the Company does not advise the Flight Attendant of a replacement pairing(s) or relieve them of responsibility at their option they will:”
This means that at the point of contact (which can be initiated by either the Flight Attendant or Scheduling, but must occur through either an actual conversation, or acknowledgement of a Priority CCS Message by the Flight Attendant), the Company may provide replacement pairing(s). If the Company chooses not to do this, the Flight Attendant then may avail themselves of the following options:
- “Make up the time lost on days not originally scheduled to fly in which case their line guarantee will be adjusted. They will then be relieved of all reassignment responsibilities; or”
This means, that the Flight Attendant has the option to decline pay protection, the RX days will be removed from their line, the guarantee will be reduced by the value of the trip lost. They are then free to pick up any other trips for which they are legal.
- “Make up the time as close as possible to the time lost on days originally scheduled to fly with no loss of pay. They will then be relieved of all reassignment responsibilities; or”
This means that the Flight Attendant may select a trip from Open Time that falls within the original footprint of the trip that they wish to fly. This trip, with the concurrence of Scheduling, will serve as their reassignment and they will be released from any further reassignment obligation. They will then be paid for the value of the trip lost or the trip worked whichever is greater.
- “Be subject to reassignment in accordance with the following”
This means the Flight Attendant has the choice to remain subject to reassignment and do the following.
- “1) After 1600 local time the day before check-in of the original trip the Flight Attendant may contact Scheduling which will advise the Flight Attendant whether they are likely to be given a trip assignment.”
This means that the Flight Attendant can call Scheduling to ask about the operation for the following day, and what the likelihood is of them getting a reassignment the following day.
- “2) IF they choose to remain subject to reassignment, the Flight Attendant must contact Scheduling between 1800 and 2200 local time the day before the original trip was scheduled to depart. Scheduling will either reassign the Flight Attendant or relieve them of all responsibility with no loss of pay.”
This means it is up to the Flight Attendant to determine if they want to remain subject to reassignment and receive pay protection for the lost time. Only then would they call Scheduling between 1800 and 2200. At that time they can be given a replacement pairing. The replacement pairing can be comprised of existing flying, either in Open Time, or assigned to a Reserve, or come from enhanced staffing. The way a Flight Attendant indicates that they are choosing to not be subject to assignment, is by not calling Scheduling. In which case the pay protection is removed from the Flight Attendants line, and they are free to do as they wish.
The Union finds the Company’s veiled threat to discipline Flight Attendants for exercising their contractual right to be both disturbing and unacceptable. Should you receive a Missed Trip (DNF) or any other action be taken because you chose to exercise your contractual right not to call Scheduling the day before your original trip between 1800-2200, immediately notify your Local Council President and continue to submit Worksheets documenting the incident.